UPDATE: EXCLUSIVE: Hospitality staffer docked $300 for using phone at work hits back at boss
An Australian pub owner has been receiving death threats since a former casual employee revealed his pay had been docked $300 for using his mobile phone while working.
In a viral post on social media, the university student complained he had lost $298.65 in wages from a public holiday shift at Birdies Mini Golf and Sports Bar in Melbourne’s Forest Hill.
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A note on his payslip, which was shared online, reveals the pay had been “deducted for over five hours on mobile phone during shift (unauthorised)”.
The worker, who says he has since resigned from his job at the venue, admitted to using his phone, but said it was only when there were no customers present.
“I work in hospitality and I have been deducted five hours of pay for ‘mobile phone use’,” the bartender claimed on Reddit.
“I single-handedly worked at the place from open to close.
“I did use my phone when there are no customers. Is this legal?
Bar hits back
The post prompted a huge reaction on Reddit, with hundreds agreeing that it was “illegal” to dock someone’s pay on these grounds.
However, Birdies has since spoken out and said the worker received multiple warnings on previous shifts for his “excessive personal mobile phone use” before action was taken.
Sole owner Stephanie Doyle said the worker was aware of the business’s phone use policy and had agreed to it.
“Normally, all you have to do is have a conversation about an issue with staff to move forward,” she told 7NEWS.com.au.
“He’d been warned his phone usage was excessive, he was reminded of the policy, said he wouldn’t do it again.”
Doyle said she called the worker several times throughout his shift to ask him to get off his phone, claiming he was watching movies and scrolling through social media fewer than 25 minutes into his shift.
“I don’t have a problem with someone checking their messages as a 20-second thing and then it goes back in their pocket, but there’s a big difference between that scenario and what happened here,” she said.
“He started at 12 and by 12.25pm he was on his phone and wasn’t doing any of the tasks for the day.”
Doyle said the ordeal was “exceptionally frustrating” and the venue was left in such a poor state after his shift she had to fly down from Sydney to tend to it.
In the wake of the Reddit post, the business has been inundated with bad reviews, abusive calls and death threats, Doyle says.
“If you feel I’ve done the wrong thing then that’s your right, but go through the right channels, go through Fair Work,” she said.
“People are calling my business to threaten and abuse my staff – awful calls no one should have to receive, and emails with the most vile things in them are being sent using the worst language.
“I don’t see why there have to be threats, why there needs to be an inbox full of hate, why people are destroying our business reputation with one-star reviews.”
‘Is this legal?’
The bartender’s post sparked heated debate online as hundreds of users urged him to try to get his money back.
“I will definitely fight for this $300 is a lot for me,” he said.
“Absolutely not. They may be able give you a warning for unauthorised use of your phone during work hours (or reduce your shift in the future) but cannot deduct your pay because of it,” said one.
Another said: “I’m a senior payroll officer. That deduction is 100 per cent illegal. Contact the Fair Work Ombudsman.”
Many called on the worker to take the matter further, saying “you’re still entitled to that money”.
“Don’t let it go. If you got time have a chat with the Fair Work Commission. It’s not a lot of money, but if they did this to you, they are doing to others,” one responded.
According to Fair Work Australia there are “limited situations when an employer can make a deduction from an employee’s pay or require an employee to pay money”.
An employer can only deduct a worker’s pay if the employee agrees in writing and it is allowed under their award.
They cannot deduct if it “is unreasonable in the circumstances” or if the worker is aged under 18 and the parent or guardian has not agreed.
Birdies said its employee policy, which staff read and sign on their first shift, states deductions from wages are possible for unreasonable phone use.
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2023-01-17 07:45:00Z
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